Legislation
SECTION 1121
Grant of letters to others If any eligible distributee of the decedent shall petition to supersede the public administrator within 4 mont...
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 11
§ 1121. Grant of letters to others
If any eligible distributee of the decedent shall petition to
supersede the public administrator within 4 months after the public
administrator has become vested with the powers of a fiduciary on the
estate letters shall be granted to him upon proof that the petitioner
did not receive notice of the application by the public administrator
and upon the further showing that all persons prior or equal in right
have been served and have defaulted or waived; but the court may refuse
to supersede the public administrator if 6 months have elapsed since he
became vested with the powers of a fiduciary.
If any eligible distributee of the decedent shall petition to
supersede the public administrator within 4 months after the public
administrator has become vested with the powers of a fiduciary on the
estate letters shall be granted to him upon proof that the petitioner
did not receive notice of the application by the public administrator
and upon the further showing that all persons prior or equal in right
have been served and have defaulted or waived; but the court may refuse
to supersede the public administrator if 6 months have elapsed since he
became vested with the powers of a fiduciary.